How to Establish a Living Will in New York

How to Establish a Living Will in New York

Establishing a living will in New York is an important step in ensuring that your healthcare preferences are respected in the event that you are unable to communicate them yourself. A living will allows you to outline your wishes regarding medical treatment and end-of-life care. Follow these steps to create a legally binding living will in New York.

1. Understand the Purpose of a Living Will

A living will, also known as a healthcare declaration, specifies the types of medical treatment you wish to receive or refuse in certain situations. This document provides guidance to healthcare providers and loved ones about your desires in critical medical situations.

2. Decide on Your Healthcare Preferences

Before drafting your living will, take time to consider your values and preferences regarding life-sustaining treatments. Think about scenarios such as being in a persistent vegetative state or facing terminal illness. Specific decisions to consider include:

  • Resuscitation efforts (CPR)
  • Mechanical ventilation
  • Tube feeding
  • Pain relief measures

3. Use the Correct Legal Form

In New York, you can create a living will using the New York State Department of Health's standardized form or a personalized document that complies with state law. Ensure your document includes:

  • Your name and address
  • A statement declaring your wishes
  • Your signature and the date

4. Have Witnesses

Your living will must be signed in the presence of two witnesses who are at least 18 years old. The witnesses should not be your healthcare providers, nor can they be beneficiaries of your estate. Their role is to attest that you signed the document voluntarily and understand its contents.

5. Review and Update Regularly

Your healthcare preferences may change over time due to shifts in your health status, personal beliefs, or circumstances. It is advisable to review your living will periodically and make updates as necessary. When you do so, ensure that any previous versions are marked void.

6. Distribute Copies

Once your living will is finalized, distribute copies to key individuals, including:

  • Your primary care physician
  • Family members or close friends
  • Your healthcare proxy, if applicable

Keep a copy in a safe but accessible place, and inform your loved ones about where they can find it in case of an emergency.

7. Consider Working with an Attorney

If you have specific concerns or a complex situation, consider consulting with an attorney who specializes in estate planning or elder law. They can assist you in drafting a living will that accurately reflects your wishes and complies with New York state laws.

Conclusion

Creating a living will in New York is a proactive step toward ensuring your medical treatment aligns with your values and preferences. By following these steps, you can establish a clear and legally recognized expression of your wishes, providing peace of mind for both yourself and your loved ones.